Republic v Bradburn (MC 05/2021) [2021] SCSC 901 (28 May 2021)

Republic v Bradburn (MC 05/2021) [2021] SCSC 901 (28 May 2021)

The Court found that the Applicant had reasonable grounds for continued detention of the cash under section 74(3) of the AMLCFT Act, but limited the period to 45 days to balance investigative needs with the Respondent's right to access legitimately acquired funds during the Covid-19 pandemic.

Citation
[2021] SCSC 901
Parties
Applicant: Republic; Respondent: Roy Richard Bradburn
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 May 2021 19 October 2021 28 May 2021
Case Number
MC 05/2021
Procedural Posture
Miscellaneous Criminal Application / Interlocutory Application for Extension of Cash Detention
Outcome
Application granted in part
Legal Topics
Money Laundering, Asset Forfeiture, Detention of Cash, Investigation Procedures
Source Language
English
Criminal Law Financial Crimes Money Laundering Asset Forfeiture Detention of Cash Investigation Procedures

Case Brief

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Parties

Republic

Applicant

Roy Richard Bradburn

Respondent

Procedural Posture

Miscellaneous Criminal Application / Interlocutory Application for Extension of Cash Detention

Legal Issues

  1. 1 Whether continued detention of seized cash is justified under the AMLCFT Act
  2. 2 Whether the Respondent has provided satisfactory proof of the origin of the cash

Ratio Decidendi

The Court found that the Applicant had reasonable grounds for continued detention of the cash under section 74(3) of the AMLCFT Act, but limited the period to 45 days to balance investigative needs with the Respondent's right to access legitimately acquired funds during the Covid-19 pandemic.

Court Disposition

Application granted in part

Orders

  • The Financial Crime Investigation Unit is permitted to continue detention of the seized cash for a further period of 45 days from the date of the order.